PRESIDENT Robert Mugabe has failed to oppose a court application within the stipulated time seeking reinstatement by a former senior police officer Sen
ior Assistant Commissioner Simbarashe Gambiza, whose sacking he sanctioned.
Mugabe, who had 10 days to respond to the lawsuit, was cited as the first respondent while police commissioner Augustine Chihuri is the second respondent.
Gambiza, a former head of the Police Internal Investigations Unit, said he cited Mugabe as the first respondent “in his capacity as employer (and) disciplining authority in respect of all commissioned officers as provided in Section 14 of the Police Act”.
He added that Mugabe had no legal right to adopt the recommendations of a probe team that called for his dismissal as he had not sanctioned the enquiry.
“The decision to institute any disciplinary proceedings against a commissioned officer in terms of Section 50 of the Police Act should be preceded by strict compliance with Section 14 of the Act. In effect, the president must sanction any intended disciplinary action against any officer before it is implemented,” Gambiza said.
He said he fell out of favour with his colleagues in the police force after he unearthed rampant corruption at the Criminal Investigation Department’s Vehicle Theft Squad section.
Law enforcement agents also wrongfully accused Gambiza, his affidavit claimed.
Despite Mugabe not opposing the application, Chihuri filed papers with the High Court praying for the dismissal of the reinstatement sought.
Chihuri said Gambiza’s sacking was above board as he had “become unsuitable for police duties”.
He also accused him of lying that he had participated in the war of liberation resulting in him being promoted.
On Tuesday the head of the Civil Division in the Attorney-General’s Office, Fatima Maxwell, could not immediately comment on the case saying the lawyer handling it was not available.